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CILIBRASI v. GAGLIARDOTTO

297 A.D.2d 778 (2002)

747 N.Y.S.2d 801

MARIE CILIBRASI, Respondent, v. PAUL GAGLIARDOTTO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 30, 2002.

Ordered that the order is modified, by deleting the provision thereof denying that branch of the cross motion which was to dismiss the fifth cause of action, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, with costs to the plaintiff.

The allegations in the complaint were insufficient to properly allege that there existed an express or implied agreement...

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